Criminal Defense Lawyers

Dog Bite Lawsuit

Dealing With a Dog Bite Lawsuit

Getting bitten by a dog can be a traumatic and potentially life-altering experience. In addition to the physical injuries, dog bite victims may face expensive medical bills, lost wages from missing work, and emotional distress. When the dog owner refuses to take responsibility, filing a dog bite lawsuit may be the only recourse to recover damages.

Navigating the legal system after a dog attack can feel overwhelming. This guide covers key steps for pursuing a dog bite claim, from proving liability and documenting injuries to negotiating settlements. With realistic expectations and the right legal help, victims can secure the compensation they deserve.

Proving Liability in Dog Bite Cases

The first major hurdle in a dog bite lawsuit is proving the dog owner’s liability. According to state statutes, the owner is responsible when they know or have reason to know their dog has dangerous tendencies. Specifically, the victim must show:

• The dog had a vicious nature or tendency to attack
• The owner knew or should have reasonably known about the dog’s tendencies
• The owner failed to use reasonable care to prevent the bite

Breed alone does not determine a dog’s inclination to bite. However, some breeds are more often associated with attacks. Pit bulls, Rottweilers, German Shepherds, and other large breeds require experienced handling. Owners who fail to properly train, supervise, or restrain dogs open themselves to liability.

Previous incidents also help establish foreseeability. If a dog escaped its yard or lunged at people before, that suggests the owner knew of aggressive tendencies. Witness statements, veterinary records, animal control reports, and other evidence can document earlier problems.

Additionally, victims must show they did not provoke the dog. Trespassing on private property or abusing an animal could limit liability. But the owner may still bear some responsibility if they failed to warn visitors or the reaction was excessive compared to the provocation.

Documenting Injuries After a Dog Attack

The injuries sustained in a dog mauling dictate potential damages in a lawsuit. Victims should seek immediate medical attention to treat wounds and get documentation in their medical records. ER doctors, plastic surgeons, orthopedists, therapists, and other specialists can assess bite damage, recommend a treatment plan, and provide expert testimony if the case goes to court.

Common dog bite injuries include:

• Lacerations
• Nerve damage
• Broken bones
• Infection
• Disfigurement
• Emotional trauma

Bite wounds and scars should be thoroughly photographed over time to show how they heal. Keep a written record of symptoms like pain, numbness, insomnia, fear of dogs, and PTSD. Also track related losses like lost income and medical expenses. Thorough documentation ensures fair compensation.

Key Steps in Filing a Dog Bite Injury Claim

Pursuing a dog bite claim starts with an attorney demand letter. The letter should:

• Outline liability facts
• Describe injuries and impact
• Request reimbursement for specific damages
• Set a reasonable deadline to respond

If the owner denies responsibility or refuses to pay, the next step is filing a personal injury lawsuit. Dog bite cases typically allege strict liability and negligence. Strict liability means owners are responsible for damages caused by their dogs regardless of fault. Negligence means the owner failed their duty of care by not preventing a foreseeable bite.

Lawsuits begin by drafting a detailed complaint. The complaint gets filed with the court and served along with a summons to the defendant. Defendants have a limited time to respond before a default judgment can be entered. Most cases settle out of court, but victims should prepare for a full civil trial if needed.

Key Factors That Determine Settlement Amounts

The average dog bite settlement is around $32,000, but damages can far exceed that in severe maulings. Every case has unique factors that influence potential payouts. Key considerations include:

• Medical records – Bills, treatment notes, and expert opinions substantiate injury claims.
• Severity of wounds – Permanent scarring or disabilities warrant higher damages.
• Insurance coverage – Policies have liability limits, but umbrella coverage can increase caps.
• Documented losses – Receipts for medical costs, therapy, lost income etc. boosts settlements.
• History of aggression – Prior incidents show foreseeability for negligent owners.
• Comparable case results – Verdicts and settlements in similar cases establish reasonable ranges.
• Litigation risks – Weak liability facts or contributory negligence by victims lowers leverage.

Reputable personal injury law firms use legal databases to research case histories and insurance coverage. Their experience with comparable claims helps set expectations for settlement demands and negotiations.

Why Hiring a Dog Bite Lawyer Matters

Pursuing fair compensation after a dog attack takes time, knowledge, and negotiation skills. An experienced dog bite attorney serves as an invaluable guide and advocate. Attorneys assist with critical steps like:

• Interviewing witnesses
• Gathering medical and animal control records
• Consulting medical experts to prove extent of injuries
• Determining all liable parties and insurance policies
• Calculating and documenting all damages
• Sending demand letters and initiating legal action
• Negotiating optimal settlements

Additionally, lawyers handle all communications to prevent unintended missteps. Settlement negotiations require strategic offers and counter-proposals. One wrong statement could be used against victims in court.

Attorneys also manage court processes if negotiations fail. Litigation involves regulatory compliance, evidence rules, and trial procedures that confuse most non-lawyers. The smallest procedural mistake could tank a strong case.

Don’t Delay in Pursuing Rightful Compensation

The trauma of a dog attack can make victims hesitate to relive the experience through legal action. However, time limits apply for injury claims. Most states require filing within two to six years from the bite date. Any delay jeopardizes the ability to hold owners accountable.

Additionally, evidence like witness memories, veterinary records, and even the dog itself could be lost over time. Early incident documentation creates the strongest case. Victims who promptly hire a qualified personal injury attorney put themselves in the best position to recover damages.

Resources

For more information on dog bite injury claims, please consult these additional resources:

How to Prove Dog Owner Liability – Overview of liability laws and standards of care for owners from Nolo legal guides.

CDC Report on Dog Bite Injuries – Government data and safety recommendations on preventing dog bites.

What is the Average Dog Bite Settlement? – Review of average claim amounts and factors that influence higher or lower compensation from the Gomez Law Firm.